Businesses Operating in California Reminded of the Importance of Staying Up-to-Date with Prop 65

Businesses operating in California are subject to the provisions of Prop 65, a unique consumer-led initiative. Recent settlements have covered phthalates, lead, and other substances in a wide range of consumer products.

Stakeholders should be aware that, while a settlement agreement is not legally binding on businesses operating in California that are not named in the agreement, it is advisable to follow the reformulation limits to avoid future litigation.

The range of products for which settlement agreements have been reached is very wide, as are the reformulation agreements. It can, therefore, be difficult and confusing to stay up-to-date without reference to an information source like SGS’s SafeGuardS.

The same diversity of products is also seen in recent settlement agreements relating to lead, Safeguard 114/18, and other phthalates, Safeguards 113/18 and 117/18. This last Safeguard includes, in addition to a further settlement involving DEHP and one for BPA, agreements relating to the use of a Prop 65 Warning for charcoal grills, hibachis and firewood. The agreement relates to their ability to create carbon monoxide, and soot and wood dust in the case of firewood.

Prop 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, a unique consumer-led initiative that requires the state to maintain a list of chemicals known to cause cancer, birth defects or reproductive harm. Since it was first published in 1987, the list has evolved and now contains more than 860 chemicals.

Once a chemical is listed, companies are required to provide a ‘clear and reasonable’ warning, Prop 65 Warning, before knowingly and intentionally exposing anyone to the substance, and cease discharging it into sources of drinking water. Stakeholders should be aware that the requirements concerning the form of the Prop 65 Warning will change on August 30, 2018.

Exemptions to the requirements of Prop 65 include businesses with less than ten employees, government agencies, and businesses where exposure creates no significant risk of cancer, birth defects or other reproductive harm.

The complexity and the number of different settlements that are reached is a stark reminder to stakeholders that they must remain aware of the reformulation agreements reached in different settlements. This will help them avoid future problems with litigation.

About SGS
SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 95,000 employees, SGS operates a network of over 2,400 offices and laboratories around the world.

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